Minnesota’s new “Sick and Safe Time” law goes into effect as of January 1, 2024.  In general, the law requires employers to accrue a minimum of 1 hour of paid leave for every 30 hours worked by eligible employees (those who work at least 80 hours in a year), up to a maximum of 48 hours.  Employees may use this paid leave for treatment or preventive care for their own illness as well as for that of a broadly defined list of covered family members. They may also use the leave for absence due to domestic abuse, sexual assault or stalking of the employee or a family member.  While many employers’ existing PTO and similar paid leave policies may already meet the mandates of this new law, they cannot be more restrictive than the statute.  Therefore, before assuming existing leave policies comply with the Minnesota Sick and Safe Leave law taking effect on January 1, 2024, employers should verify the following in their policies:

• The new law allows employees to carry over up to 80 hours of unused paid sick & safe leave. Therefore, PTO or other paid leave policies that contain “use or lose” clauses, or that do not permit carry over, do not satisfy the law.
• Family members for whom employees may use sick and safe leave, extends to siblings, in-laws, grandparents, grandchildren, and more.  So PTO or other paid leave policies cannot be more restrictive on their use.
• Employers must provide employees with a statement of their accrual, and use, of sick and safe leave with each pay voucher.
• STD and/or LTD benefits do not satisfy the statute.

Importantly, Minnesota employers are required to provide employees with a notice by January 1, 2024 (or by the start of their employment, if later) informing them about sick and safe time.  Click here for a uniform employee notice created by the Minnesota Department of Labor and Industry.   Additionally, employee handbooks must include a notice.  

Questions? Contact attorney James Sherman in our Minneapolis office by email or at (952) 746-1700